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U.S. v. BUIE

Docket No. 07-0258-cr.

547 F.3d 401 (2008)

UNITED STATES of America, Appellee, v. David Arthur BUIE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: November 13, 2008.

Attorney(s) appearing for the Case

Rua M. Kelly, Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York, on the brief, Lev L. Dassin, Assistant United States Attorney, of counsel), New York, NY, for Appellee.

Mary Anne Wirth, Bleakley Platt & Schmidt, LLP, White Plains, NY, for Defendant-Appellant.

Before: MCLAUGHLIN, LEVAL, POOLER, Circuit Judges.

POOLER, Circuit Judge:

The Armed Career Criminal Act (ACCA) provides for a fifteen-year mandatory minimum sentence for a defendant convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g), who "has three previous convictions... for a violent felony or a serious drug offense, or both." 18 U.S.C. § 924(e)(1). ACCA defines a "serious drug offense" as "an offense under State law ......

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